Endangered Species and Migratory Bird Treaty Acts

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Baker Botts lawyers have significant involvement representing clients in matters relating to the federal and state regulation of threatened and endangered species and other forms of wildlife under the federal Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Marine Mammal Protection Act and other related federal and state statutes.

Our experience includes:

  • Development and submission of comments to the Fish and Wildlife Service on a variety of issues, including the listing of various species, the designation of critical habitat and the adoption of certain regulations by the Service
  • Compliance with the ESA and MBTA in siting, constructing and operating structures such as oil and gas infrastructure, transmission lines, communications towers and wind turbines
  • Guiding clients through the Section 7 consultation process and the Section 10 permit process
  • ESA litigation, including challenges to listings and critical habitat designations
  • ESA policy issues for trade associations and others, including work on innovative habitat credit exchanges and ESA legislative reform


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